The Karnataka High Court on Tuesday quashed criminal proceedings initiated against senior IAS officer M.K. Aiyappa by the Special Lokayukta Court.
The Special Lokayukta Court initiated proceedings against him based on a private complaint alleging that he misused his official position in allowing private individuals to grab government land through forged documents.
Sanction
Justice Anand Byrareddy quashed the proceedings as there was no prior sanction from the competent authority for prosecuting Mr. Aiyappa according to the law, as he is a public servant.
“The law is settled that requirement of a sanction order cannot be disputed, even in respect of a private complaint filed by a person against a public servant alleging offenses punishable under [the] Prevention of Corruption Act,” the High Court observed while quashing the proceedings.
Complainant Anil Kumar had alleged that Mr. Aiyappa and others had facilitated illegal grant of government land to persons close to Yelahanka MLA S.R. Vishwanath and for this purpose documents pertaining to 32 acres of land at Madappanahalli were forged.
The Special Court in October 2012 had referred the complaint to the Lokayukta police for investigation. During the course of the probe Mr. Aiyappa was arrested by the Lokayukta police in March and was later released on bail.
The High Court also said the case registered against other accused, including Mr. Vishwanath, does not survive as the case against Mr. Aiyappa was quashed for want of prior sanction.
